Clark v. Neshannock Stone Co.

Citations

• 41 Pa. Super. 34
• 1909 Pa. Super. LEXIS 6

Syllabus

<p>Negligence — Quarry company — Injuries to dam — Evidence—Case for ■jury.</p> <p>1. In an action against a quarry company to recover damages for injuries to a dam caused by the deposit therein of large quantities of stone, earth and other material, where the evidence of the plaintiff and one of his witnesses, although contradicted by the defendant, tends to show that the defendant operated the only quarry above the dam, that the dam was filled with earth, stone and other materials two to three feet deep over extensive areas, the dimensions of which were approximately stated, and the amount of cubic yards of deposit approximately estimated, and the plaintiff’s contention is corroborated by evidence as to the location of the quarries and the refuse dumps, with reference to the banks of the stream, the slope of the banks, and the manner of carrying on the quarry.</p> <p>2. In such a case the plaintiff’s right to recover nominal damages, at least, upon the facts testified to by him and his witnesses, is an insuperable obstacle to a binding direction to the defendant, and consequently to the entry of judgment for defendant non obstante veredicto.</p>